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30 Misc. 799

Root v. Gallanner

Appellate Terms of the Supreme Court of New York · decided 1900-03-15

<p>Appeal from a judgment in favor of plaintiff entered upon the verdict of a jury.</p>

Decided 1900-03-15

Per Curiam.

¶1The jury not being bound to credit either defendant or his wife, could have found in the circumstances sufficient to warrant a finding of performance on the part of the plaintiff.

¶2The verdict should, therefore, not be disturbed. Some irrelevant evidence was admitted, but in view of its substance we believe the defendant was not prejudiced.

¶3Present: Truax, P. J.; Scott and Dugro, JJ.

¶4Judgment affirmed, with costs.

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